I think there's fundamental disagreement here about the nature of government and the governed.

speakingcorpse writes:

"but the idea that this [First Amendment] freedom, . . . [is] the sacred gift of the US constitution--that's what's incorrect."

Try walking into a real federal court when your real rights are at stake and saying that. You'll get a lesson in positivism. As a matter of fact and law, your First Amendment freedoms are guaranteed by the U.S. Constitution. As a matter of intellectual history, you may say the Constitution is a mundane document that didn't really break new ground. But to say that is to ignore the very relevant fact that the Constitution is a legally operative document, which has real world consequences. For you -- and many others.

speakingcorpse writes:

"when americans say they'll die for the constitution, they're making a banal and, at this late historical date, absurdly cliched, nationalist affirmation . . . ."

Condescending stuff. The not-so implicit premise is that Americans are too stupid and uneducated to appreciate that the Constitution represents their freedoms. Your claim is that Americans who claim they'll die for the Constitution are always merely doing the verbal equivalent of putting the yellow ribbon on their cars. The riff-raff, you claim, obviously don't understand the real deal.

Granted, the people who literally risk their lives to -- as a matter of law -- defend the Constitution may not all be constitutional scholars or write fancy papers to publish in academic journals. And, yes, there are many morons and bigots in the ranks. But to conclude that their dedication is merely nationalistic, and doesn't embrace any of the ideas animating the Constitution -- to conclude this as a matter of type -- is absurd. What could be more illiberal, anti-progressive? You're one mugging away from saying the negros have started a crime wave.

Give up the broad stokes, bra. Makes your kung-fu look weak.